SECTION 1. Sections 37-24-2, 37-24-3, 37-24-4, 37-24-5 and 37-24-6 of the General Laws in Chapter 37-24 entitled "The Green Buildings Act" are hereby amended to read as follows: 37-24-2. Legislative findings. It is hereby found and declared as follows:
(1) Energy costs for public buildings and public projects are skyrocketing and will likely continue to increase.
(2) Energy use by public buildings and public projects contributes substantially to the problems of pollution and global warming.
(3) Public buildings, public structures, public real property and public projects can be built, renovated, and located using high-performance methods that are resilient, sustainable and regenerative; that save and generate energy; that reduce and conserve our waters and water consumption; that foster the appropriate use of our lands and buildings; that improve indoor air and environmental quality; that improve water quality; that reduce transportation demand and emissions; that preserve the environment; that make workers and students more productive; and that improve the quality of our individual and shared human experience and environmental justice for all citizens of the state, creating a working continuum of ecology embracing and enhancing the very places and experiences of Rhode Island 's heritage, its people, all life, communities, lands, air and waters.
(4) The green buildings act is a strategic tool to achieve the greenhouse gas emission reduction targets and other objectives of chapter 6.2 of title 42 ("2021 act on climate") and the work of the executive climate change coordinating council established in § 42-6.2-1.
(5) This law is necessary to more efficiently spend public funds. 37-24-3. Definitions. For purposes of this chapter, the following definitions shall apply:
(1) "Construction" means the design and construction process of involved for any new building, or for the renovation and altering, repairing, improving, or and/or demolishing forty percent (40%) twenty percent (20%) or more of any public structures, public buildings, public real property or other public improvements of any kind to any public structures, public buildings or public real property that are governed by the threshold requirements of "public major facility projects" as defined in this section.
(2) "Department", when used without a specific department name, means the department of administration state building office, building code commission of the Rhode Island department of business regulation, or any subsequently identified successor to the above "department", or any other subsequently named "department" or any other entity of the state. The department through the state building office, building code commission shall provide staff, other administrative support services, and funding to the green buildings act commission, and shall provide consultation to, and with, the green buildings act commission in order to implement the green buildings act.
(3) "Equivalent standard" means a high-performance green building standard, other than LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard, that provides an independent, third-party verification and certification of a rating system or measurement tool, that, when used, leads to outcomes equivalent to, LEED, LEED for Neighborhood Development, and SITES outcomes, in terms of green building, green infrastructure, and green site performance; current accepted equivalent standards include green globes, Northeast collaborative high-performance schools protocol; or other equivalent high-performance green building, green infrastructure, and green site standards accepted by the green buildings act commission in consultation with the department.
(4) "Green buildings act commission" means the appointed entity of public and public agency members, described in § 37-24-5, who shall be responsible for the implementation of the green buildings act in consultation with the department.
(5) "LEED certified standard" also, "LEED for Neighborhood Development certified standard", and "SITES certified standard" means the current version of the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating standard referred to as LEED certified, LEED for Neighborhood Development certified, and SITES certified. SITES means the U.S. Green Building Council’s SITES — The Sustainable SITES Initiative. (5)(6) "Public agency" means every state or municipal office, board, commission, committee, bureau, department, or public institution of education, or any political subdivision thereof. (6)(7) "Public facility" means any public institution, public facility, public equipment, or any physical asset owned, including its public real-property site, leased or controlled in whole or in part by this state, a public agency, a municipality or a political subdivision, that is for public or government use. (7)(8) "Public major facility project" means:
(i) A public facility building construction project larger than ten thousand (10,000) gross square feet or greater of occupied or conditioned space, and its public real-property site; or
(ii) A public facility building renovation project larger than ten thousand (10,000) gross square feet or greater of occupied or conditioned space, and its public real-property site. 37-24-4. Green building standards.
(a) All public major facility projects of the state, public agencies, municipalities and political subdivisions shall be designed and, permitted, and constructed to at least the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard, as provided herein, certified or an equivalent high-performance green building standard approved by the green buildings act commission. This provision applies to public major facility projects or other public improvements of any kind to any public facility that have not entered the design phase prior to July 1, 2023, for LEED, LEED for Neighborhood Development and for SITES.
(b) All public major facility projects of a public school facility, where the project receives any funding from the state, shall be designed and, permitted, and constructed to at least the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard, as provided herein, certified standard, or the Northeast Collaborative for High- Performance Schools Protocol, Version 1.1 or above. This provision applies to public major facility projects or other public improvements by the state or a public school district to any public school facility that have not entered the design phase prior to July 1, 2023, for LEED, LEED for Neighborhood Development, and for SITES.
(c) All public major facility projects described in § 37-24-3 (8) and subsections (a) and (b) of this section, shall comply with this section as a condition precedent in order to apply for and receive a building permit under section 105 permits of the Rhode Island state building code, certification under § 23-27.3-128.0, design and construction procedures, and a certificate of occupancy for that public major facility project in accordance with section 111 certificate of occupancy of the Rhode Island state building code, commercial editions, shall be required to be in compliance with this chapter. This chapter shall hereby be incorporated in the Rhode Island state building code in accordance with RISBC § 23-27.3-100.4 specialized codes incorporated.
(d) All public agencies identified in § 37-24-3(6) shall provide the requested and required reports and information to the green buildings act commission for all the public major facility projects described in the statutory requirements of this chapter ("the green buildings act").
(e) A public major facility project does not have to meet the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard or an equivalent high-performance green building standard if:
(1) There is no appropriate LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard or other high-performance green building standard for that type of building or renovation project or other public improvements of any kind to any public facility. In such case, the department will green buildings act commission shall set green building standards that are appropriate to the project.
(2) There is no practical way to apply the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard or other high- performance green building standard to a particular building or renovation project or other public improvements of any kind to any public facility. In such case, the department will green buildings act commission shall set green building standards that are appropriate to the project. (d)(f) [Deleted by P.L. 2022, ch. 204, § 1 and P.L. 2022, ch. 205, § 1.] 37-24-5. Administration and reports -- Green buildings advisory committee Administration and reports -- Green buildings act commission.
(a) The department shall promulgate such regulations as are necessary to enforce this section by January 1, 2023 green buildings act commission shall promulgate such additional regulations as are necessary to enforce this section in consultation with the department. Those regulations shall include how the department green buildings act commission will determine whether a project qualifies for an exception from the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard or equivalent high- performance green building standard, and shall determine the green building standards that may be imposed on projects that are granted exceptions.
(b) The department green buildings act commission shall monitor and document ongoing operating savings that result from major facility projects designed, constructed, and certified as meeting the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard, and shall annually publish a public report of findings, addressing the legislative findings of § 37-24-2, and recommended changes in policy. The report shall also include a description of projects that were granted exceptions from the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard, as provided herein, certified or an equivalent high-performance green building certified standard approved by the green buildings act commission, the reasons for exception, and the lesser green building standards imposed.
(c) — (f) [Deleted by P.L. 2022, ch. 204, § 1 and P.L. 2022, ch. 205, § 1.]
(g) A green buildings advisory committee act commission shall be created composed of nineteen (19) seventeen (17) members. The advisory committee green buildings act commission shall have eleven (11) nine (9) public members and eight (8) public agency members. Five (5) Three (3) of the public members shall be appointed by the governor; three (3) two (2) of the public members shall be appointed by the president of the senate; and, three (3) two (2) of the public members shall be appointed by the speaker of the house of representatives. One of the public members shall be appointed by and represent the Rhode Island AFL-CIO. One of the public members shall be appointed by and represent the Rhode Island league of cities and towns. (h)(1) The governor, the speaker of the house, and the president of the senate shall make the following seven (7) appointments representing accordingly as stated with the appointees initial terms of service:
(i) Governor: one from general construction contracting, three-year (3) term; one at-large citizen from the urban municipalities of Providence, Cranston, Warwick, Pawtucket, Woonsocket, or Newport, two (2) year term; and one at-large citizen from the other thirty-two (32) municipalities in the state, two-year (2) term;
(ii) Speaker of the house: one from architecture, three-year (3) term; one from planning, two-year (2) term;
(iii) President of the senate: one from engineering, three-year (3) term; one from landscape architecture, two-year (2) term. (1)(2) The eleven (11) nine (9) public members of the advisory committee green buildings act commission shall be composed of nine (9) representatives who are involved in and have recognized knowledge and accomplishment in their respective professions, of high-performance green building standards, relating to the standards set forth in § 37-24-4. The public members shall include one from each of the following fields: architecture, engineering, landscape architecture, energy planning, labor through the Rhode Island AFL-CIO, general construction contracting, building product and building materials industries who are involved in, and have recognized knowledge and accomplishment in their respective professions, of high-performance green building standards, relating to the standards set forth in § 37-24-4; in addition to two (2) three (3) additional public members, one public member representing the Rhode Island league of cities and towns; one at-large citizen public member representing an urban municipality from Providence, Cranston, Warwick, Pawtucket, Woonsocket, or Newport, and one at-large citizen public member representing the other thirty-two (32) municipalities in the state in order to ensure geographic diversity. (2)(3) The advisory committee green buildings act commission shall have eight (8) public agency members representing personnel from affected public agencies, and cities and towns, that oversee public works buildings, public structures, and public real property projects and workforce development, who shall be appointed by the directors or chief executive officers of the respective public agencies which shall include the department of administration; the department of environmental management; the department of education; the department of transportation; the department of labor and training; the department of health; the office of the state building code commissioner; and the Rhode Island infrastructure bank, and the Rhode Island League of Cities and Towns. (3)(4) The chairperson of the green buildings advisory committee act commission shall be a public member chosen by the green buildings advisory committee act commission. (4)(5) Of the initial eleven (11) nine (9) public members, six (6) three (3) shall serve three- year (3) terms and five (5) four (4) shall have two-year (2) terms. Each appointing authority shall appoint two (2) public members to three-year (3) terms with the remainder of the public member appointments serving two-year terms. Thereafter, all public members shall be appointed to three- year (3) terms.
(i) The three (3) appointees from architecture, engineering, and general construction contracting shall each have a three-year (3) term of service with a maximum of three (3) terms of service.
(ii) The two (2) appointees from landscape architecture and planning, shall each have a two-year (2) term of service, with a maximum of two (2) terms of service;
(iii) The two (2) at-large citizen appointees from the urban municipalities, and the at-large citizens appointees from the other thirty-two (32) municipalities shall each have a two-year (2) term of service, with a maximum of two (2) terms of service;
(iv) The two (2) appointees from the Rhode Island AFL-CIO and the Rhode Island league of cities and towns shall each have a two-year (2) term of service, with a maximum of two (2) terms of service;
(6) Upon the effective date of this section, the current public members of the green buildings advisory committee shall continue their service on the green buildings act commission until reappointed or when replacement appointments are made by the appointing authorities.
(7) The chairperson of the green buildings advisory committee shall be a LEED Accredited Professional with a specialty in building design and construction (LEED AP BD+C), and shall have current Rhode Island professional registration in architecture, engineering, or landscape architecture, and with said credentials shall have the ability to continue as the chairperson for the green buildings act commission for a maximum of three (3) three-year (3) terms of service in order to establish the direction and implementation of this chapter across the state and its municipalities.
(8) With, and in, any given appointments by the appointing authorities, there shall not be appointments made for the public members which would constitute more than one-third (⅓) of the total nine (9) public members of the green buildings advisory commission. The chairperson of the green buildings advisory commission shall annually inform the appointing authorities of the makeup and constituencies of the green buildings advisory commission, and provide recommendations to that effect. (h)(i) The green buildings advisory committee act commission shall:
(1) Make all determinations for the implementation of and compliance with the green buildings act;
(2) Make recommendations regarding an ongoing evaluation process of the green buildings act to help assist the department and the executive climate change coordinating council implement this chapter and to achieve the greenhouse gas emission reduction targets and other objectives of chapter 6.2 of title 42 ("2021 act on climate"); (2)(3) Identify the needs, actions, and funding required to implement the requirements set forth in this chapter, in achieving high-performance green building projects for our public buildings, public structures, and our public real properties; (3)(4) Establish clear, measurable targets for implementing the standards, defined in this chapter, for all public major facility projects including timeline, workforce needs, anticipated costs and other measures identified by the green buildings advisory committee act commission and required by chapter 6.2 of title 42 ("2021 act on climate"); and (4)(5) Identify ways to monitor and document ongoing operating savings and greenhouse gas emission reductions that result from public major facility projects designed, constructed and certified as meeting the LEED certified standard, LEED for Neighborhood Development certified standard, SITES certified standard, Green Globes, Northeast Collaborative for High-Performance Schools Protocol, Version 1.1 or above and annually publish a report to the general assembly and the executive climate change coordinating council of findings and recommended changes in policy.;
(6) Shall have the authority to establish subcommittees appointed by the chairperson to further the implementation of this chapter, and the chairperson of the green buildings act commission shall have the authority to appoint the chairperson and the members of the subcommittees, whereas each subcommittee shall have at least one member of the green buildings act commission serving on each of the appointed subcommittees;
(7) Shall have the authority to promulgate rules and regulations for the implementation of this chapter, and shall have the authority to establish bylaws for the governance of the green buildings act commission;
(8) Shall collaborate with the executive climate change coordinating council regarding the implementation of this chapter including, but not be limited to, the establishment of the benchmarking requirements, technical assistance, building owner needs, outreach and education, opportunities for funding related to this chapter, the implementation of state policies, programs, and statutes related to this chapter and recommendations for building performance standards; and
(9) Shall have the authority to identify, pursue, apply for, and receive funding from any public, private, nonprofit entity or any other organization or private citizen. (i)(j) All public agency requests for proposals, requests for information, requests for bids, requests for design/build, requests for construction managers, and any requests relating to obtaining the professional services, pricing, and construction for public major facility projects by a public agency for a public facility, shall prominently include the notice of the statutory requirements of this chapter ("the green buildings act") at the beginning of such requests. (j)(k) The green buildings advisory committee act commission shall have no responsibility for, and shall not develop requests for proposals, requests for information, requests for bids, requests for design/build, requests for construction managers, and any requests relating to obtaining the professional services, pricing, and construction for major facility projects by a public agency for a public facility; and the green buildings advisory committee act commission shall have no responsibility for, and shall not select any vendors for any requests for proposals, requests for information, requests for bids, requests for design/build, requests for construction managers, and any requests relating to obtaining the professional services, pricing, and construction for major facility projects by a public agency for a public facility. Nothing shall prohibit public members of the green buildings advisory committee act commission from responding to, and being involved with, any submittals of requests for proposals, requests for information, requests for bids, requests for design/build, requests for construction managers, and any requests relating to obtaining the professional services, pricing, and construction for major facility projects by a public agency for a public facility. 37-24-6. Protection from liability. No person, corporation, or entity shall be held liable for the failure of a public major facility project to meet the LEED certified standard, LEED for Neighborhood Development certified standard, and SITES certified standard or other standards established for the project as long as a good faith attempt was made to achieve the standard set for the project.
SECTION 2. This act shall take effect upon passage.
